After three vetoes and court fines totaling $22 million, a federal
judge could finally get to see the Legislature's plan to improve
instruction for more than 154,000 school children struggling to
learn English.

The Senate narrowly approved House Bill 2064 on Thursday. That sets
up a decision expected today by Democratic Gov. Janet Napolitano
that could end a bitter eight-month stalemate over instruction for
English-language learners. The governor's choice: to veto the bill
or to let a federal judge consider whether it meets his standards.

Napolitano still has strong objections to the Republican-backed plan
that would pump an additional $32 million into schools next year to
shrink classrooms, buy teaching materials and provide tutoring.

The plan has substantially less money than what Napolitano
proposed, but she is under strong pressure to let U.S. District
Court Judge Raner Collins see the proposal now that Republicans have
removed a controversial corporate tuition-tax credit for private
schools. That school choice issue was one of the main reasons for
her two most recent vetoes in January.

Key lawmakers in both parties predicted Thursday that Napolitano
would let the bill go into law without her signature. They also
expect her to include a letter outlining her objections and urging
Collins to reject all or part of the plan.

Democratic Rep. Pete Rios, a veteran lawmaker who has longstanding
ties with Napolitano, said he asked the governor to "let the bill go
through."

"She acknowledged that perhaps it was time for court to deal with
it," said Rios, D-Hayden. "She has vetoed it three times. I say let
the federal judge deal with it because I don't think it's going to
meet with his approval."

Senate President Ken Bennett, a key player in the negotiations, said
the time has come to let the federal judge see the legislation.

"We hope the fourth time is a charm and that she will let this bill
go to the federal court so we can get determination from them,
hopefully in the positive," said Bennett, R-Prescott. "We think it's
a balanced plan and a good thing for our state."

Without the tuition-tax credits, another Napolitano veto would carry
a higher political risk, especially with daily $1 million fines
mounting. She opposes a requirement that districts only get funding
to teach students English for two years, when it often takes longer
to accomplish the job.

And she believes the plan violates federal law because it forces
school districts to devote federal funds they are already receiving
to English-learner programs. Democrats have argued that those
federal funds designated for low-income students, as well as local
tax dollars used to comply with federal desegregation orders, cannot
legally be diverted into English-learner programs.

Bennett defended the two-year limit saying it will force districts
to teach English in an aggressive time frame.

"For the first time ever, there is some incentive for the school
districts to successfully get these students speaking English in two
years," he said.

But attorney Tim Hogan of the Center for Law in the Public Interest
said yanking the funding from students before they have reached
their goal of learning English is "flat unconstitutional." Hogan,
whose lawsuit is resulting in the court order and the daily fines,
is urging parents and teachers in the high-poverty school districts
he represents to call on Napolitano for another veto.

But Hogan acknowledged there is a good chance Napolitano will let
this version through to the judge.

The Legislature's latest plan, approved with only Republican votes,
increases per-student funding from $355 to $432 per year. The bill
calls for a newly created task force to adopt models school
districts could use to educate children struggling to learn English.

On Thursday, legislative leaders pledged to follow the task force's
advice, even if it called for pumping in significantly more money
for English-language learners down the road.

"That's what the bill says and that's what we're prepared to do,"
said House Speaker Jim Weiers, R-Phoenix.

The English-learner controversy has moved from the classroom to the
Capitol. But there are real-world ramifications for more than
154,000 students in Arizona who speak foreign languages, mostly
Spanish, and are struggling to learn English. The situation is
believed to be a main reason for Arizona's high dropout rate, as
well as the inability of many of the children to adjust to life in
Arizona. Administrators in school districts with large immigrant
populations have said they would use the extra money to shrink the
size of classes, update materials and equipment and better train
teachers.

The court-mandated fines began accruing in late January after
Napolitano and the Legislature missed a judge's deadline to come up
with a plan to pay for English-learner instruction. In December,
Judge Collins gave Arizona an ultimatum to spend more money for
non-English-speaking schoolchildren. Collins ordered lawmakers and
Napolitano to come up with a financial plan by Jan. 24 to help
educate English-learners. When they missed that deadline, the daily
fines began to accumulate. The fines went from $500,000 a day to $1
million a day last week, and now total $22 million.

Napolitano spokeswoman Jeanine L'Ecuyer said the governor will act
quickly. "The governor will act within 24 hours," she said. "But I'm
not going to predict what she will do."